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DEPT. OF REVENUE. v. ACCREDITED SUR.

No. 96-781.

690 So.2d 614 (1997)

DEPARTMENT OF REVENUE, State of Florida, Appellant, v. ACCREDITED SURETY & CASUALTY COMPANY, INC., etc., Appellee.

District Court of Appeal of Florida, Fifth District.

Rehearing Denied April 2, 1997.

Attorney(s) appearing for the Case

Robert A. Butterworth, Attorney General, and Elizabeth T. Bradshaw, Assistant Attorney General, Tallahassee, for Appellant.

Francis H. Sheppard and Richard A. Keller, of Rumberger, Kirk & Caldwell, Orlando, for Appellee.

GRIFFIN, Judge.

Appellant, the Department of Revenue ["DOR"], timely appeals the lower court's summary final judgment in favor of Accredited Surety & Casualty Co., Inc. ["Accredited"]. The issue is whether the lower court erred in striking DOR's affirmative defenses of judicial/administrative estoppel and res judicata. We reverse.

Accredited is a surety company licensed in Florida. Accredited guarantees payment if a bondsman is unable to pay when a bond...

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